Griffin & Anor (t/a K & D Contractors) v Midas Homes Ltd [2000] EWHC 182 (TCC) (21 July 2000)

Griffin & Anor (t/a K & D Contractors) v Midas Homes Ltd [2000] EWHC 182 (TCC) (21 July 2000)

The Notice of Adjudication was only valid in respect of the dispute over the determination of the contract and the two invoices dated 22 February 2000 (£11,300 and £617). The adjudicator had no jurisdiction to decide on other sums, as there was no dispute referable to adjudication at the relevant time and the notice failed to specify the nature of the redress sought for those sums. The decision is enforceable only as to the two invoices.

Citation
[2000] EWHC 182 (TCC)
Parties
Claimant: Ken Griffin & John Tomlinson, T/a K & D Contractors; Defendant: Midas Homes Limited
Jurisdiction
England and Wales
Judgment Date
21 July 2000
Procedural Posture
Application to Enforce Adjudicator's Decision by Summary Judgment / Judgment on Application for Summary Judgment
Outcome
Partial summary judgment for Claimants; enforcement limited to two invoices; interim payment for adjudicator's fees; costs awarded to Claimants subject to assessment.
Legal Topics
Adjudication Enforcement, Jurisdiction of Adjudicator, Summary Judgment, Scheme for Construction Contracts, Notice of Adjudication Requirements
Construction Law Civil Procedure Adjudication Enforcement Jurisdiction of Adjudicator Summary Judgment Scheme for Construction Contracts Notice of Adjudication Requirements

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Ken Griffin & John Tomlinson, T/a K & D Contractors

Claimant

Midas Homes Limited

Defendant

Procedural Posture

Application to Enforce Adjudicator's Decision by Summary Judgment / Judgment on Application for Summary Judgment

Legal Issues

  1. 1 Whether the Notice of Adjudication complied with the Scheme for Construction Contracts and conferred jurisdiction on the adjudicator
  2. 2 Whether the adjudicator's decision is enforceable in whole or in part
  3. 3 Whether there was a dispute referable to adjudication regarding all sums claimed

Ratio Decidendi

The Notice of Adjudication was only valid in respect of the dispute over the determination of the contract and the two invoices dated 22 February 2000 (£11,300 and £617). The adjudicator had no jurisdiction to decide on other sums, as there was no dispute referable to adjudication at the relevant time and the notice failed to specify the nature of the redress sought for those sums. The decision is enforceable only as to the two invoices.

Court Disposition

Partial summary judgment for Claimants; enforcement limited to two invoices; interim payment for adjudicator's fees; costs awarded to Claimants subject to assessment.

Orders

  • Judgment for Claimants for £11,917 (sum of two invoices)
  • Interest from 9 June 2000 to be assessed if not agreed